Responsa for Bava Metzia 150:6
ואלו עוברין אמר אביי מלוה עובר בכולן לוה עובר משום (דברים כג, כ) לא תשיך לאחיך (דברים כג, כא) ולאחיך לא תשיך ולפני עור לא תתן מכשול ערב והעדים אין עוברין אלא משום לא תשימון עליו נשך
THE FOLLOWING TRANSGRESS. Abaye said: The lender infringes all;<span class="x" onmousemove="('comment',' The injunctions enumerated in the Mishnah. ');"><sup>10</sup></span> the borrower: <i>Thou shalt not cause thy brother to take usury,<span class="x" onmousemove="('comment',' Deut. XXIII, 20. For this translation v. p. 363, n. 4. ');"><sup>11</sup></span></i>
Teshuvot Maharam
Q. A claims that B lent him money on a pledge, and that when he came to redeem the pledge B exacted interest from him. Since he had contracted the loan directly from B, the latter was not allowed to take any interest on this loan. A, therefore, demands that B pay him back the interest. B, on the other hand, claims that the loan was originally contracted through a Gentile intermediary and that he was entitled, therefore, to the interest.
A. It is assumed that a person who might have gained an advantage by following a certain legal procedure, did not fail to follow such procedure. Since B could legally have been entitled to interest on his money had he granted the loan through a Gentile intermediary, we assume that he did grant the loan through such intermediary. Therefore, B is entitled to his interest and is not required to take an oath.
SOURCES: L. 197.
A. It is assumed that a person who might have gained an advantage by following a certain legal procedure, did not fail to follow such procedure. Since B could legally have been entitled to interest on his money had he granted the loan through a Gentile intermediary, we assume that he did grant the loan through such intermediary. Therefore, B is entitled to his interest and is not required to take an oath.
SOURCES: L. 197.
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